What About State and Federal Gun Laws?

Until 1934, guns were unregulated in the United States. That was the year the National Firearms Act made it illegal to possess a submachine gun unless a $200 excise tax was paid to the U. S. Treasury. Interestingly, Congress did not attempt to prohibit the possession, manufacture or sale of machine guns, instead opting to discourage and thus limit their ownership through the federal government’s taxing authority. In 1934, $200 was the equivalent of $3,277 in 2012. Why do it that way? Simply because at that time, few people, including lawyers, judges, and legal scholars, questioned that the Sec- ond Amendment meant what it said about the right of the people to keep and bear arms not being infringed.

That changed with the Gun Control Act of 1968 (GCA68), passed in the wake of the John and Robert Kennedy and Martin Luther King, Jr. assassinations. To own a gun today, one must be a U.S. citizen or legal Resident Alien. Persons prohibited from owning firearms under GCA68 include:

- Those convicted of felonies and certain misdemeanors except where state law reinstates
rights, or removes disability.

- Fugitives from justice.

- Unlawful users of certain depressant, narcotic, or
stimulant drugs.

- Those adjudicated as mental defectives or incompetents or those committed to any mental institution and currently containing a dangerous mental illness.

- Non-US citizens, unless permanently immigrating into the U.S. or in possession of a hunting license legally issued in the U.S.

- Illegal Aliens.

- Those who have renounced U.S. citizenship.

- Minors defined as under the age of eighteen for long guns and handguns, with the exception of Vermont, eligible at age sixteen.

- Persons convicted in any court of a misdemeanor crime of domestic violence.

- Persons under indictment for a crime punishable by imprisonment for more than one year are ineligible to receive, transport, or ship any firearm or ammunition.

As long as you are not in one of the prohibited categories, you are federally eligible to own firearms in the U.S. and to apply for a Concealed Carry Permit in most states.

State and local laws regarding gun ownership vary. Most closely follow the federal requirements, but a few do not. Check the law in your state for the particular requirements, and follow them scrupulously. You can check out all of the details inside our website member’s area for a complete listing of each state’s Attorney General and the specifics of gun ownership and CCW Permit regulations.

Forty-nine states now allow some form of concealed carry. Four states allow “Constitutional Carry,” that is, concealed carry without a state-issued permit. Three of those states also allow citizens to voluntarily apply for a carry permit.

Thirty-eight states are officially “shall-issue” states. In shall-issue states, the requirements for getting a concealed carry permit are laid down by law. If you meet the requirements, the state shall issue the permit. Your right to carry in these states cannot be thwarted by a lone bureaucrat.

In ten states, the laws are “may-issue.” May-issue states also have a list of requirements laid down by law. When you meet these requirements, the state may issue your permit—or it may not, if the pertinent authorities decide not to do it. Two of these states are shall-issue in practice, but they are still technically may-issue by law.

Illinois and the District of Columbia are “no issue” jurisdictions. In these areas, no law-abiding citizens may carry a concealed firearm—although a glance at the headlines shows us that the criminals certainly do!

Getting Your Permit

If you live in a state that is shall-issue, your task is simple: Find out the legal requirements for a concealed carry permit, meet them, apply for your permit, and enjoy your new carry privileges. Shall-issue states typically have eligibility requirements pertaining to:

- Age

- Residency

- Substance abuse

- Criminal history (felonies are an automatic disqualifier, as are domestic violence convictions)

- Firearms possession

- Training in the legal use of force, self-defense laws, and marksmanship instruction

- Sometimes a requirement to demonstrate firearms proficiency

If you live in a may-issue state, getting a CCW is more difficult, and the outcome is far from certain. Most may- issue states have criteria similar to shall-issue states, but some do not. Find out the requirements of your local- ity, try to meet them, and hope you get it. If you don’t, if your jurisdiction has an appeal process, and if you can afford it, appeal the adverse decision as far as the system and your resources allow.

The United States Concealed Carry Association has an active forum that can often answer questions that you may have. The members of the USCCA are a helpful and supportive group and may be able to share with you the methods that have been a proven success.

No matter where you live, and no matter how much experience you have, it’s important to know this one universal truth: Knowledge is power. If you know your rights and know the law, you will be able to confidently and responsibly carry your concealed pistol without an ounce of concern. The most prepared citizen with a gun is the one who knows their rights and knows how to use their rights to defend themselves, their loved ones, and their communities.

Take care and stay safe,

Tim Schmidt

Tim Schmidt is the founder and CEO of the United States Concealed Carry Association and its sister organization the Home Defense Association of America (HDAA). The USCCA is “The Ultimate Resource for the Armed Citizen” and has over 65,000 active members. He is also the founder and publisher of Concealed Carry Magazine, a national magazine dedicated to the responsibly armed citizen. Tim is an avid shooter, loves to ride big, black motorcycles and holds a black belt in Tae Kwon do. He lives in South-Eastern Wisconsin with his wife of 18 years and three young children.

The laws for where you can and can’t carry vary by state, Joel, but they are usually pretty close to the same. Here in Maine where I live and hold a CCP you may carry in any store or business that has not clearly posted that you may not carry on their private property. I have never seen a business posted this way here in Maine. You CANNOT ever carry a firearm into a Post Office or government building, but most people already know that because these buildings have signs clearly stating it. So basically you’ll know where you shouldn’t carry because there will be appropriate signs. The only “gray area” here in Maine would be bars. A regular person is not allowed to carry their weapon into a bar, the exception being that if you are a private investigator you may carry your concealed carry weapon into a bar if and only if you are entering that bar for investigative purposes. If you are not a P.I. you can never carry in a bar. Again these are just the rules in my state, the ones in your state should be pretty similar, but you would definitely want to check your state laws, especially in regards to bars. I hope this helps.

Great Article,
Thank you very much for posting this article. I am a Concealed Carrier, I have had to draw my gun but ended peacefully. It is nice to have the protection, as a phone call to police and a 2 hour response time in the woods where I live is not exceptable. I am just hoping more good citizens are armed and less criminals. I feel we need to out number the bad guys 3 to one. (In a perfect world)

I feel that if a person was convicted of a Felony, it should be taken into cosideration the type of felony that was commited, what degree of felony it was, and if the individual served any prison time over this felony. Everyone makes mistakes and if they can take away your Right To Bear Arms then they should take away your Right To Vote, because it’s these people who make these decissions. I feel No One should loose thier Rights unless they Commited a Murder, Armed Robery or vilontly assualted someone, then I could understand not letting these people carry a firearm. Some Felonies are Harmless Acts that had no intension on Harming Anyone and the Felony was over 10-15 years old. The CCW Laws need to make changes so a one time felon of 10-15 years ago and now is a contributer to sociaty and served his country during PEACE and WAR TIME like myself who served 23 years in the U.S. ARMY, should be given a second chance so he or she can protect thier family in such an unstable sociaty we live in today and it’s only going to get worse.

Interestingly enough or not at all….some twenty odd years ago I was charged with …knowingly signing a document that was not “true, correct and complete in every material matter” (U.S. Code 7206 (1) for the year 1982. In 1986 a plea of guilty was made along with a offer in compromise that satisfied all charges. Fl. reinstated voting rights one year later except for gun ownership. In defense, I still maintain that the accountant, filing on my behalf, did not provide the guidance needed to fully realize my income. Still, my responsibility…..Living where I do, I am not much of a threat with a 5 iron…..any advice (cannot afford Pres. Order)

go to your local gun store and ask them if they know any ccw instructors. call them and ask them if they can give you the addresses for the Arizona and Florida ccw departments. write them or call them and ask them to send you their packet for obtaining ccw permit. it worked for me. good luck.

It is over the “control”, they want it and will come up with any thing to keep THERE control. Just look at the new armed drone’s over the usa ! With all of right’s to fire on any one “some body” want’s to. Now what ????

I agree 100%. I have a felony charge against me from 20 years back. and it was a self defense charge where there were no witnesses. I went to court and the judge gave me probation. and my lawyer charged me $5.000.00 to get my conviction expunged. took all the ccw classes. when I went to get my permit . I still had a record. I had to go through Arizona in order to receive my permit. I only protected myself and my wife. and I got treated as a criminal. I have never been in trouble before or since. I agree they should everything into consideration before they refuse you your second rights amendment.

Not every Felon is, in reality, a Felon. My husband & I were charged with felony cruelty to animals because we had taken in & were trying to rehab 2 horses. The horses were underweight when we got them & were the same on the day we had them euthanized. The charges referred to the horses as “pets/companion animals”. In our state, by statute, horses are livestock; the judge hearing our case refused to allow that fact. Additionally, he refused to allow our attorney to present any legal defense in our case! Because of that we had no choice but to enter guilty pleas (reduced to Gross Misdemeanor) & be placed on 2 yr. probation. Due to the actions of the Probation Officer toward me in my home I have been undergoing sessions at the local sex crimes victims center and I’m also in therapy with a private therapist. The PO is aware that I am undergoing therapy & now is trying to revoke my probation & send me to jail for 1-2 months. BTW, I am a disabled female senior citizen. I’m concerned about how this will affect my ability to obtain a CCP in my state.

I thank you for this site is is full of good information for all people who have a ccw. I live in a state where we do not have to register our carry weapon and can carry in the open even though some officers think we do until you point out the law to them and this site is a great help when that comes about thanks again.

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As it stands crime have hit an all time high especially where firearms are concerned. It does not matter what laws have to be changed the facts are firearms are to easy for anyone to get their hands on which puts guns out of control and stricter gun laws need to be passed ASAP. The politicians play a significant role in this gun control issue yet they turn a blind eye to all the blood that continue to spill on our streets until the blood is one of their own kind. Gun Control needs to be taken more serious, our people need to value life and take life more serious.

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Isen’t the word” Permit” short for Permission? So you need some paper from the Sherriff just to Carry? Doesn’t that kinda defeat the purpose? if one Agency knows, they will eventualy all know. Isen’t the 2nd Amenment law any more, What ever happened to ” Keep and Bare arms” that means, “to have and hold”?& this has been “Infringed on” for Decades…

Dare any deny the rising fear demonstrated by the elect bearing guilt of failing to honor and uphold their oaths of office in a long lasting period of a lazy public trust? Has disinterest punctuated with entertainment and media half truths and innuendos completely obliterated public common sense? Does anyone expect them to be at ease while cognizant of being outgunned.and surrounded by old friends hurt by their belligerently abusive waste and taxation?
No past present or future practice of first amendment rights could ever be insured without arms kept by resident citizens. Neither could any insurance by treasonous tyrants exist without having tax paid armed protection. Has there ever been a time more demanding of attention by citizens to maintain such insurance for survival of their republic before the shadow of tyranny in national government failing both at home and abroad?
Consider that no law whether local, state, federal or international related to citizens’ right to keep and bear arms within the boundaries and territories of these United States other than an exact copy of the second amendment as redundant affirmation thereof can withstand the intent of its “shall not be infringed” clause. Any other wording relative to arms can only provide for interpreted infringement deeming the attempt unconstitutional.and beyond any possibility of patriotic obedience. Intent of malaise should be clear in their incorporation of proposed legislation expansion and enforcement through other immoral or unconstitutional federal agency data bases in fashion of the railroaded healthcare debacle also being dismantled state by state. Find courage in the scheduled CSPOA February meeting

I don’t care and neither does the constitution. You are either incarcerated or on parole and you can’t have a firearm or you paid your debt (jail, fines, parole )

Paying the price
or
PAID.

IF paid then nothing should come between a convicted felon his constitution. Once they went after felons and we did nothing…they will come for us all soon enough. I would not mind having some armed former felons on my side.

I have a question. I am currently residing in Georgia but have a Florida concealed weapons permit. Does anyone have any clue if I have to apply for a Georgia permit because I have a Georgia address? Or can the Florida permit be enough in Georgia without a Florida address? Does this make sense?

Your Florida permit will cover you in Georgia. I would suggest to check out this site http://www.handgunlaw.com as well as contact the attorney general to be on the safe side. If you are no longer going to be living in Florida you will have to change your address and most likely get a non-resident permit. If you still hold your Florida address as well then you should be okay. I do strongly suggest to contact the attorney general as we are not state specific.

after reading the blog post and a lot of the comments, it’s a good thing spelling words properly and correct use of grammar aren’t a requirement for a C/C permit…
I also have a question…because some of the commenters don’t seem to get this point and part…what part of “you committed a felony and you can no longer carry or own a gun”, no matter what kind of felony, or how long ago, don’t some of you get?

My family emigrated from Germany to the USA in 1987, and I don’t have US citizenship. I am, however, a Permanent Legal Alien and have a “green card”. Does this affect my eligibility for purchasing a firearm and applying for a CCP in FL? Thanks in advance!

I have a ccw in the state of Louisiana. I travel alone across the country by motorcycle from California to DC. Is it legal to carry it in the luggage of the motorcycle? Does it have to be unloaded or magazine separate from the gun?